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Can you create a flexible prenuptial agreement?

Prenuptial agreements are a great way to establish expectations and responsibilities in a marriage and to keep certain property separate, simplifying matters if a marriage does not last. Unfortunately, enjoying the protections that a prenuptial agreement offers usually means locking in the terms of the agreement before the marriage even begins, which can prove difficult to navigate.

Some couples want to enjoy the benefits of a prenuptial agreement, but also wish to maintain flexibility in the terms, assuming that their individual preferences and priorities may change over time. For instance, a couple might consider a fair division of assets if the marriage lasts for only a couple years or if it lasts for several decades. A well-crafted prenuptial agreement addresses these nuances and makes room for changes.

In order to provide strong protections to both spouses, a prenuptial agreement must consider each spouse's needs and priorities in detail. If the parties involved want to create flexibility for themselves, it is typically wiser to outline specific ways that the terms may change over time rather than leave too many options open to interpretation. The broader the language used in the agreement, the weaker the agreement. A weak agreement may provide no protection at all and may actually make a divorce more difficult.

Before you and your spouse tie the knot, don't overlook the important opportunities that a prenuptial agreement offers. If you hope to use a prenuptial agreement, make sure that you create it together, giving each of you the time to create a document that truly represents your relationship and the things that you both value. With a strong prenuptial agreement, you can enter into marriage confidently, focusing on the relationship at the heart of your union rather than your assets or other matters that often strain marriages. Protect yourself and the one you love sooner rather than later, so that your marriage can flourish on its own terms.

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